Question

Under the Age discrimination in Employment ACT (ADEA), can an employer legally discriminate against employees who...

Under the Age discrimination in Employment ACT (ADEA), can an employer legally discriminate against employees who are under the age of 40? Why or why not?

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Answer #1

As per the Age Discrimination in Employment Act (ADEA), there should be no incidence of age discrimination against any individual who has attained or crossed the age of 40 years. This act does not provide any legal protection against the age discrimination for the employees who have not attained the age of 40. In fact, there are some states which came up with the laws providing the protection against the age discrimination even for the younger employees. As per ADEA, an employer can give preference to the older employee or individual in comparison to the younger person despite having the ages of both the worker more or equal to 40 years. Discrimination can be seen when the victim and the person who caused the discrimination both have attained the age of 40 years.

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